• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

Announcement

Collapse
No announcement yet.

Received a court claim for non Cancellation of services.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Received a court claim for non Cancellation of services.

    Originally posted by Arcadian View Post
    JG Environmental are a limited company, and they appear to be the parent of JG Pest Control.
    So the claim has to be in the name of JG Environmental, but the OP has only mentioned JG Pest Control and that is why I would like tosee PoC

    Comment


    • #17
      Re: Received a court claim for non Cancellation of services.

      Hi Charity and Des,

      Thank you both for helping me with this.

      The court claim issue date is December 13th, so if my calculations are right then I will need to send back the defence by January 15th?

      I have taken a picture of the particulars of the claim, I am just trying to figure out how to upload it on here? I'll have a look about and see if I can do it.

      Comment


      • #18
        Re: Received a court claim for non Cancellation of services.

        The only way I could do it was by creating a link through a website, I hope thats ok?

        https://postimg.org/image/a247jhu6b/

        Comment


        • #19
          Re: Received a court claim for non Cancellation of services.

          Originally posted by OliviaBowie View Post
          The only way I could do it was by creating a link through a website, I hope thats ok?

          https://postimg.org/image/a247jhu6b/
          That's fine, but can you confirm the exact name of the claimant as it appears on the form?

          I'll be back later today

          Comment


          • #20
            Re: Received a court claim for non Cancellation of services.

            ? claimants name

            IMO your defence should be along these lines, but others might have other suggestions:

            1. The Defendant denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted, each and every allegation in the Particulars of Claim is denied.
            2. The Defendant denies any Flea Chemical Treatment was ever undertaken by the Claimant at the premises as claimed.


            3. It is denied that the Claimant is entitled to the amounts claimed or any interest on such amounts.


            Statement of Truth:

            I believe that the facts stated in this defence are true.


            Dated this xx day of mm yyyysigned:Olivia Bowie

            OLIVIA BOWIE





            Comment


            • #21
              Re: Received a court claim for non Cancellation of services.

              Hi Des,

              Sorry I didn't mean to disappear, I've had no internet for a couple of days.

              The claimants name is exactly like this:

              JG ENVIRONMENTAL LTD
              UNIT 29
              THORNEY LANE NORTH
              IVER
              BUCKINHAMSHIRE
              SL0 9HF

              That template is fantastically helpful, to be honest I didn't really know where to start with wording a defence (Although I see there are templates available here which is great)

              I will write up a draft defence and post it here before submitting it, hopefully tonight, if not tomorrow.

              Thank you again :-)

              Comment


              • #22
                Re: Received a court claim for non Cancellation of services.

                Ok they got their name nearly right!
                On the basis of the people your order was with,I would have expected the claimant to have been:
                JG Environmental Ltd t/a JG Pest Control.
                But there is no point in challenging that at the moment.

                Comment


                • #23
                  Re: Received a court claim for non Cancellation of services.

                  I really am leaving this last minute :-/

                  Des I have used your template as I really didn't know what else to do (I haven't actually filed the defence yet, but this is what I have got

                  1. I, the Defendant deny that I am liable to the Claimant as alleged in the Particulars of Claim, each and every allegation in the Particulars of Claim is denied.

                  2. I, The Defendant denies any Flea Chemical Treatment was ever undertaken by the Claimant at the premises as claimed.


                  3. It is denied that the Claimant is entitled to the amounts claimed or any interest on such amounts.


                  Statement of Truth:

                  I believe that the facts stated in this defence are true.


                  Dated this xx day of mm yyyy signed:My name

                  My Name

                  It's short and sweet, I think it covers everything?

                  Comment


                  • #24
                    Re: Received a court claim for non Cancellation of services.

                    Havent had much time to think about the issues in this case, but surely one would look at the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
                    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



                    You can also follow my blog on consumer credit here.

                    Comment


                    • #25
                      Re: Received a court claim for non Cancellation of services.

                      Thanks for the pointer [MENTION=551]pt2537[/MENTION].
                      I initially considered unfair terms as per CRA 2015, but the actual claim here is for payment of a service that was not given.

                      If they change their claim to damages for cancellation of the contract, the op could then rely on the 2013 regulations

                      Are we (am I) going the wrong way?

                      Comment


                      • #26
                        Re: Received a court claim for non Cancellation of services.

                        Originally posted by des8 View Post
                        Thanks for the pointer @pt2537.
                        I initially considered unfair terms as per CRA 2015, but the actual claim here is for payment of a service that was not given.

                        If they change their claim to damages for cancellation of the contract, the op could then rely on the 2013 regulations

                        Are we (am I) going the wrong way?
                        Well the thing is, and i cannot express any view having not considered the facts of this case fully yet, but if the distance selling regs apply, then it may well kill the claim dead if the supplier hasnt complied with the regs.

                        If thats the case, it may prove an easier route to killing this claim
                        I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



                        You can also follow my blog on consumer credit here.

                        Comment


                        • #27
                          Re: Received a court claim for non Cancellation of services.

                          https://www.taylorwessing.com/filead...tions-2013.pdf

                          The above link may well explain the difficulties the trader faces, as it seems to me they may well have missed the cancellation form / rights information that they should have given to the consumer
                          I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



                          You can also follow my blog on consumer credit here.

                          Comment


                          • #28
                            Re: Received a court claim for non Cancellation of services.

                            After advice from PT (thanks!) I would suggest amending defence as below.
                            If others disagree or would amend differently, please jump in, but remember defence has to be filed tomorrow (I think)

                            After 1) replace with:

                            2) The Defendant admits to requesting in a telephone call on dd/mm/yy that JG Pest Control (which I now understand is a trading name of the Claimant) to deal with a flea infestation problem.

                            3)The Claimant failed to comply with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in that he did not supply confirmation of the contract on paper or in durable form.

                            4)The Claimant failed to supply the information referred to in Schedule 2 and Schedule 3 of the Act,and in particular information about the right to cancel.

                            4) The Defendant cancelled the contract on dd/mm/yy

                            5) The Defendant denies any Flea Chemical Treatment was ever undertaken by the Claimant at the premises as claimed.

                            6) It is denied that the Claimant is entitled to the amounts claimed or any interest on such amounts.


                            Statement of Truth:

                            I believe that the facts stated in this defence are true.


                            Dated this xx day of mm yyyysigned:Olivia Bowie

                            OLIVIA BOWIE

                            Comment


                            • #29
                              Re: Received a court claim for non Cancellation of services.

                              Originally posted by pt2537 View Post
                              https://www.taylorwessing.com/filead...tions-2013.pdf

                              The above link may well explain the difficulties the trader faces, as it seems to me they may well have missed the cancellation form / rights information that they should have given to the consumer
                              I think you are probably right there PT
                              I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

                              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

                              Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment


                              • #30
                                Re: Received a court claim for non Cancellation of services.

                                Originally posted by Joanna C View Post
                                I think you are probably right there PT
                                Cheers Jo, its often overlooked by traders a bit like the 10A OFT statement in Default notices and a very dangerous thing to overlook
                                I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



                                You can also follow my blog on consumer credit here.

                                Comment

                                Loading...

                                Resolver is a free automated complaints system that can help with all kinds of consumer complaints - including missold PPI and Package Bank Accounts.

                                make a complaint

                                upgrade to vip

                                Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                                only £15/yr

                                Offers available. No subscription traps.

                                sign up now
                                Working...
                                X